Category Archives: Nexus

NC: Calling for drug dog right away here didn’t extend time, but the sniff became reasonable by RS otherwise developing

The officer here preemptively called for a drug dog before running the DL information on the occupants. That did not measurably extend the time. After calling for the dog, the officer found out there were warrants on one, and then … Continue reading

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IL: Def’s personal relationship to premises to be searched is relevant and has to be viewed in the context of the totality

Nexus for the premises was shown in the search warrant affidavit. Defendant’s personal relationship to the premises is relevant and has to be evaluated in context of the totality. On sufficiency of the evidence, however, defendant’s conviction is reversed for … Continue reading

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CA9: Supervised release electronic search condition not shown to have nexus to purposes of SR

“We nevertheless vacate the suspicionless search condition because the district court ordered suspicionless searches of Leonard’s ‘electronic devices and their data, including cell phones, computers, and electronic storage media’ without making ‘a properly supported factual finding’ that ‘establish[es] some nexus … Continue reading

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NY (Kings Co.): SW for cell phone failed to show nexus to the crime

“As such, the People failed to establish a nexus, supported by probable cause, that the cell phone recovered was the cell phone used at the time they allege the defendant committed the charged crimes and therefore cannot satisfy the required … Continue reading

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CA8: Some evidence of nexus saves SW under GFE

Under the good faith exception, executing officers are entitled to rely on the magistrate judge’s nexus finding with some actual basis they can reasonably rely on, even if it technically might have been wrong. United States v. Barnes, 2021 U.S. … Continue reading

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OH1: Telling def to keep his hands out of his pockets and then put them on hood when he wouldn’t didn’t taint later consent

During a stop, defendant was told to keep his hands out of his pockets, but he didn’t and he was fidgeting and putting his hands in and out. Telling him to put his hands on the hood after all that … Continue reading

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CA8: Three controlled buys via cell phone was PC for wiretap

Nexus and probable cause for a cell phone wiretap is the same standard as under the Fourth Amendment. “The CS performed three controlled buys by communicating with the cellphone number that was wiretapped. Further, the CS identified the number as … Continue reading

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CA7: Without a triggering condition, this was not an anticipatory warrant

Despite defendant’s argument, this was not an anticipatory search warrant. There was no triggering condition, and it was issued with probable cause. United States v. Calligan, 2021 U.S. App. LEXIS 23402 (7th Cir. Aug. 6, 2021). There clearly was reasonable … Continue reading

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S.D.Ohio: Affidavit for SW showed home was base of DTO

The collection of information for probable cause for the warrant included a reasonable inference that defendant’s home was a base of operations for a drug trafficking operation, and this was nexus. United States v. Jackson, 2021 U.S. Dist. LEXIS 144185 … Continue reading

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M.D.Pa.: CSLI tracking by state court order was reasonable under federal law despite alleged state law violation

Defendant’s cell phone location information search was reasonable and constitutional under federal law despite an alleged violation of state law. United States v. Coles, 2021 U.S. Dist. LEXIS 143548 (M.D.Pa. Aug. 2, 2021). There was probable cause for the search … Continue reading

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CA2: Parole search valid under “special needs” even without RS

The parole search here lacked reasonable suspicion, but it was justified by the special needs exception to the warrant requirement. “Because a search undertaken by a parole officer of a parolee to detect parole violations is ‘reasonably related to the … Continue reading

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OR: Venn diagram of PC to a place or thing (nexus)

State v. Turay, 313 Ore. App. 45, 53, 2021 Ore. App. LEXIS 941 (July 8, 2021):

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WA: PC and nexus shown for CSLI warrant before Carpenter

Defendant was a suspect in a diamond theft. Police obtained a search warrant for his cell phone location records and that placed him near the burglary at the time it happened, and there was probable cause for it. The search … Continue reading

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AF: Search of house in murder case was reasonable and with PC in attempting to show the relationship between deceased and def

Defendant is an airman convicted at a court martial of premeditated murder of his girlfriend and unborn child. The search of his house was proper because it was reasonable to believe that evidence of their relationship would be found there … Continue reading

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CA2: No 4A extraterritorial jurisdiction over Switzerland enforcing its own law against Americans in Switzerland

An extraterritorial seizure of art work and antiquities in Switzerland of American citizens doesn’t involve the Fourth Amendment. International law has not adopted the Fourth Amendment’s probable cause standard. There is no justification shown for applying the Fourth Amendment to … Continue reading

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CA10: Nexus for CP can logically move when def does

Police had probable cause defendant uploaded child pornography from home. Then he moved. It was reasonable to assume his computers went with him to the new address, so nexus was sufficiently shown for probable cause there. United States v. Kilgore, … Continue reading

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S.D.Ohio: PC to arrest doesn’t equal PC to search the suspect’s house, but where do people normally hide things?

Explaining the competing interests in nexus is United States v. Reliford, 2021 U.S. Dist. LEXIS 93053 (S.D. Ohio May 17, 2021). Probable cause to arrest doesn’t equal probable cause to search the suspect’s house, but where do people normally hide … Continue reading

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CA11: Adding in the omitted information still showed PC

“Detective Tuck’s affidavit omitted some information favorable to Martelli, but even if we assume that those omissions were intentional or reckless, the claim still fails. It fails because, even including all the omitted information, a reasonable officer in Tuck’s position … Continue reading

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LA5: Use of a flashlight on a car is still a plain view

Using a flashlight to look in a car was still a valid plain view. State v. Williams, 2021 La. App. LEXIS 767 (La. App. 5 Cir. May 13, 2021). Where the alleged OWI offender was incapacitated, Mitchell applies to his … Continue reading

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E.D.N.C.: Window tint violations always require a stop

Window tint violations require a stop to verify. “But the Supreme Court has said that ‘[t]o be reasonable is not to be perfect, and so the Fourth Amendment allows for some mistakes on the part of government officials, giving them … Continue reading

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